AG2008/1111, Transcript of Proceedings [2008] AIRCTrans 376 (21 July 2008)

TRANSCRIPT OF PROCEEDINGS

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Workplace Relations Act 1996 18763-1

SENIOR DEPUTY PRESIDENT WATSON

AG2008/1111

cl.2A(1)(b) Sch. 7 - Appl’n for an order to vary pre-reform cert. agt.
National Union of Workers
and
AFCO Automotive Foam Components Pty Ltd
(AG2008/1111)

MELBOURNE

11.34AM, MONDAY, 07 JULY 2008

PN1

THE SENIOR DEPUTY PRESIDENT: Yes, I’ll take appearances please.

PN2

MS K TRAN: I appear on behalf of the National Union of Workers, together with MR G MAAS.

PN3

THE SENIOR DEPUTY PRESIDENT: Thank you, Ms Tran. I note we have received an email, I think via you possibly - no, directly from the company, Sylvia Seiler, which attaches a further email train between yourself and herself, indicating that the company has reviewed the draft order and agreement and supports the variation. Yes, Ms Tran.

PN4

MS TRAN: Today’s application is to extend and vary an agreement under item 2A of schedule 7 of the Act. This agreement is the AFCO Automotive Foam Components Pty Ltd and the National Union of Workers Certified Agreement 2005.

PN5

Your Honour, your chambers would have received the NUW’s application which includes the following attachments; 49A the application for an order to vary the agreement; 49B the application for the extension of the agreement; 55 and 55A which is the written statement signed by our branch secretary and the company.

PN6

THE SENIOR DEPUTY PRESIDENT: Yes.

PN7

MS GRAY: A statutory declaration by our secretary, Anthony Fowl. Also a copy of the amended agreement and draft order would be in your possession.

PN8

THE SENIOR DEPUTY PRESIDENT: Yes, I have all that, thank you.

PN9

MS TRAN: Your Honour, I would like to take you to two parts of the agreement just to clarify.

PN10

THE SENIOR DEPUTY PRESIDENT: Yes.

PN11

MS TRAN: Firstly, clause 4.1.2.

PN12

THE SENIOR DEPUTY PRESIDENT: Yes.

PN13

MS TRAN: The words in the third row of that paragraph, “Unavoidable causes are still” is included in the agreement.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes.

PN15

MS TRAN: Okay, and clause 21.4.1 we just want to clarify that that should be 21.4.3.

PN16

THE SENIOR DEPUTY PRESIDENT: 21.4.3, yes. Thank you.

PN17

MS TRAN: Yes. Your Honour, the NUW relies on the documents submitted, which outline that the statutory requirements have been met. With that we confirm that all parties bound by the agreement have genuinely agreed to the extension and variation.

PN18

THE SENIOR DEPUTY PRESIDENT: Yes.

PN19

MS TRAN: The extension sought is to 30 June 2011, which does not exceed three years from today’s date. The agreement variation provides for pay rises for each year of the agreement and so on balance the agreement would not disadvantage any employees covered by it.

PN20

THE SENIOR DEPUTY PRESIDENT: Yes.

PN21

MS TRAN: We also confirm that no industrial action has been taken or commencing in relation to this agreement, under section 451 of the Act. So subject to any questions you may, your Honour, we seek that the orders be made on the terms sought. If the Commission pleases.

PN22

THE SENIOR DEPUTY PRESIDENT: Yes, thank you for that, Ms Tran. You have referred to those couple of matters in the new agreement. Do I have a copy of the agreement in the correct and final form to be attached?

PN23

MS TRAN: We will supply that to you.

PN24

THE SENIOR DEPUTY PRESIDENT: Very well. Thank you for that, and that will be attached to the order. Yes, this is an application by the National Union of Workers to vary the AFCO Automotive Foam Components Pty Ltd and National Union of Workers Certified Agreement 2005, an agreement to which AFCO Automotive Foam Components Pty Ltd is the other party.

PN25

The application is brought pursuant to section 2A Division 1 Part II Schedule 7 of the Act, to extend the nominal expiry date and to vary the agreement in the manner set out in appendix A to the proposed draft order. Having regard to the material on file, the written statement of Mr Fowl and Mr Cooke, I’m satisfied firstly that all parties bound by the agreement generally agree to the extension and variation; that none of the parties have engaged in or threatened to engage in or organise industrial action in respect to the agreement; or applied for a protected action ballot.

PN26

Further, having regard to the variations involved I’m satisfied the agreement as varied would not result, on balance, in a reduction in overall terms and conditions of employment of employees bound by the agreement under any transitional award, or any relevant law of the Commonwealth, State or Territory.

PN27

Accordingly I will vary the agreement in the terms of the draft order handed by Ms Tran today. The variation will come into force from today’s date and remain in force until 30 June 2011. I will now adjourn.

<ADJOURNED INDEFINITELY [11.40AM]